Patna High Court
Pallavi KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is dismissed, and the petitioner is directed to approach the Divisional Commissioner for redress.
Summary
The petitioner, Pallavi Kumari, filed a writ petition challenging the selection of Laxmi Kumari as a Public Distribution System (PDS) dealer. The High Court, noting the amendment issued on 21 July 2022 to the Bihar Authority and Public Distribution System Control (Second Amendment) Order, 2022, declined to entertain the petition on its merits. Instead, the Court directed the petitioner to approach the Divisional Commissioner with her grievance. The Divisional Commissioner was instructed to consider the representation, give notice to all parties, hold a hearing, and pass a reasoned order within four weeks of receiving the complaint. The Court emphasized that any order must be communicated to the parties.
Issues considered
- What procedural remedy is available to the petitioner challenging the selection of a PDS dealer under the Bihar Authority and Public Distribution System Control (Second Amendment) Order, 2022?
Legislation cited
- Bihar Authority and Public Distribution System Control (Second Amendment) Order, 2022
Subjects
- Public Distribution System
- PDS dealer selection
- Writ petition
- Administrative remedy
- Bihar
- Divisional Commissioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8209 of 2026
======================================================
Pallavi Kumari, Wife of Suman Kumar Singh, Resident of Gauda Mansingh,
P.S.- Bargaon, Block- Gauda Bouram, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Government of Bihar, Patna.
2. The Divisional Commissioner, Darbhanga Division, Darbhanga.
3. The District Magistrate, Darbhanga.
4. The District Supply Officer, Darbhanga.
5. The Sub Divisional Officer, Biraul Sub Division, District- Darbhanga.
6. The Block Supply Officer, Gauda Bouram Block, District- Darbhanga.
7. Laxmi Kumari, Wife of Digvijay Singh, Resident of Village Bhuskaul, P.S.
Bargaon, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinesh Choudhary, Adv.
For the Respondent/s : Mr.Government Pleader (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 17-06-2026 Without going into the merits or demerits of the
case, having regard to the amendment issued by notification
dated 21.07.2022 to the Bihar Authority and Public Distribution
System Control, IInd Amendment Order – 2022.
2. The present writ petition is disposed of with a
direction to the petitioner to approach the Divisional
Commissioner ventilating his grievance against a selection of
the respondent no. 7 as a PDS dealer.
3. On such representation being made, the Divisional
Commissioner shall consider the same on its own merit duly
Patna High Court CWJC No.8209 of 2026(2) dt.17-06-2026
2/2
putting all the parties on notice and then passing a reasoned
order.
4. The entire exercise shall be completed within a
period of four weeks from the date of the receipt of the copy of
the complaint by the Divisional Commissioner.
5. It is needless to mention that before passing any
order, the Divisional Commissioner shall give an opportunity of
hearing to the parties. Any order passed, shall be communicated
to the parties.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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